Gibraltar Merchant Shipping
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Gibraltar Merchant Shipping (Safety, etc.) 1995-13 GIBRALTAR MERCHANT SHIPPING (ORGANISATIONS FOR INSPECTION, SURVEY AND CERTIFICATION OF SHIPS) Subsidiary REGULATIONS 2011 2011/158 Subsidiary Legislation made under s. 118. GIBRALTAR MERCHANT SHIPPING (ORGANISATIONS FOR INSPECTION, SURVEY AND CERTIFICATION OF SHIPS) REGULATIONS 2011 (LN. 2011/158) Commencement 22.9.2011 Amending enactments Relevant current Commencement provisions date EU Legislation/International Agreements involved: Directive 2009/15/EC Regulation (EC) No. 391/2009 _______________________ ARRANGEMENT OF REGULATIONS Regulation 1. Title and commencement. 2 Interpretation. 3. Enforcement of international conventions. 4. Monitoring of organisations. 5. Refusal to authorise any organisation. 6. Reciprocal treatment for recognised organisation. 7. Working relationship between the Administration and organisations. 8. Suspension or withdrawal of authorisation. 9. Reporting and assessment of organisations. 10. Standards for ships construction and maintenance. 11. Repeal. 12. Saving and transitional provisions. SCHEDULE MINIMUM CRITERIA FOR ORGANISATIONS TO OBTAIN OR TO CONTINUE TO ENJOY COMMUNITY RECOGNITION © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ORGANISATIONS FOR Subsidiary INSPECTION, SURVEY AND CERTIFICATION OF SHIPS) 2011/158 REGULATIONS 2011 © Government of Gibraltar (www.gibraltarlaws.gov.gi) Gibraltar Merchant Shipping (Safety, etc.) 1995-13 GIBRALTAR MERCHANT SHIPPING (ORGANISATIONS FOR INSPECTION, SURVEY AND CERTIFICATION OF SHIPS) Subsidiary REGULATIONS 2011 2011/158 In exercise of the powers conferred on it by section 118 of the Gibraltar Merchant Shipping (Safety, etc.) Act 1993, and all other enabling powers, and for the purposes of transposing into the law of Gibraltar Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations and of implementing Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations, the Government has made the following Regulations– Title and commencement. 1. These Regulations may be cited as the Gibraltar Merchant Shipping (Organisations for Inspection, Survey and Certification of Ships) Regulations 2011 and come into operation on the day of publication. Interpretation. 2.(1) In these Regulations, unless the context otherwise requires– “Administration” means, in the case of Gibraltar, the Maritime Administrator and, in all other cases, where the context so requires, the entity in the relevant flag State that is competent for the matters set out in the Directive; “authorisation” means an act whereby an Administration grants an authorisation, or delegates powers, to a recognised organisation; “cargo ship safety radio certificate” means the certificate introduced by the 1988 Protocol amending SOLAS, adopted by the IMO; “class certificate” means a document issued by a recognised organisation certifying the structural and mechanical fitness of a ship for a particular use or service in accordance with the rules and procedures laid down and made public by that recognised organisation; “Commission” means the European Commission; “Directive” means Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administration, as amended from time to time; © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ORGANISATIONS FOR Subsidiary INSPECTION, SURVEY AND CERTIFICATION OF SHIPS) 2011/158 REGULATIONS 2011 “EU Regulation” means Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations, as amended from time to time; “inspections and surveys” means such inspections and surveys that are mandatory under the international conventions; “international conventions” means– (a) the 1974 International Convention for the Safety of Life at Sea (SOLAS) with the exception of Chapter XI-2 of the Annex thereto; (b) the 1966 International Convention on Load Lines; and (c) the 1973/1978 International Convention for the Prevention of Pollution from Ships (MARPOL), together with the protocols and amendments thereto, and related codes of mandatory status in its up-to-date version as in force in Gibraltar and all Member States at the time of reference; “location” or “located” refers to the place of the registered office, central administration or principal place of business of an organisation; “Member State” includes EEA States that have agreed to comply with the Directive; “organisation” means a classification society or other legal entity, together with their subsidiaries and any other entities under their control, which jointly or separately, carry out tasks falling under the scope of the Directive, and for this purpose, control means such rights, contracts or any other means, in law or in fact, which, either separately or in combination confer the possibility of exercising decisive influence on a legal entity or enable that entity to carry out tasks falling under the scope of the Directive; “Paris Memorandum of Understanding” means an administrative agreement (commonly known as the “Paris MoU”) concluded in 1982 to develop a harmonised system for the inspection of foreign ships under which each maritime administration has to inspect at least 25% of foreign ships visiting their ports; © Government of Gibraltar (www.gibraltarlaws.gov.gi) Gibraltar Merchant Shipping (Safety, etc.) 1995-13 GIBRALTAR MERCHANT SHIPPING (ORGANISATIONS FOR INSPECTION, SURVEY AND CERTIFICATION OF SHIPS) Subsidiary REGULATIONS 2011 2011/158 “port State control administration” means an Administration that takes the responsibility, while a foreign flag ship is in its port waters, for the enforcement of international standards for ships’ safety, pollution prevention and shipboard living and working conditions, in pursuance of Directive 2009/16/EC on port State control as amended from time to time and the Paris Memorandum of Understanding (Paris MoU); “recognised organisation” means an organisation recognised in accordance with the EU Regulation; “rules and procedures” means a recognised organisation’s requirements for the design, construction, equipment, maintenance and survey of ships; “ship” means a ship falling within the scope of the international conventions; “ship flying the flag of a Member State” means a ship registered in and flying the flag of a Member State in accordance with its legislation and includes a ship flying the flag of Gibraltar; and a ship which does not correspond to this definition is assimilated to a ship flying the flag of a third country; “statutory certificate” means a certificate issued by or on behalf of a flag State in accordance with the international conventions. (2) Terms and expressions used but not defined in these Regulations shall have the same meaning as they have under the Directive and the EU Regulation. Enforcement of international conventions. 3.(1) The Administration shall ensure the appropriate enforcement of the provisions of the international conventions, in particular with regard to the inspection and survey of ships and the issue of statutory certificates and exemption certificates as provided for by the international conventions. (2) The Administration may, for the purposes of subregulation (1), with regard to the ships flying the flag of Gibraltar– (a) authorise organisations to undertake fully or in part inspections and surveys related to statutory certificates including those for © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (ORGANISATIONS FOR Subsidiary INSPECTION, SURVEY AND CERTIFICATION OF SHIPS) 2011/158 REGULATIONS 2011 the assessment of compliance with regulation 10, and if appropriate, to issue or renew the related certificates; or (b) rely upon organisations to undertake fully or in part the inspections and surveys referred to in paragraph (a). (3) The Administration shall not entrust the duties mentioned in subregulation (2) to any organisation unless that organisation is a recognised organisation. (4) Notwithstanding subregulation (3), the duties mentioned in subregulation (2), may, for the cargo ship safety radio certificate, be entrusted to a private body– (a) recognised by an Administration of any Member State; and (b) having sufficient expertise and qualified personnel to carry out specified safety assessment work on radio-communication on its behalf. (5) For the purposes of this regulation, the Administration shall– (a) act in accordance with the Schedule and the Appendix to IMO Resolution A.847(20); and (b) in all cases, approve the first issue of the exemption certificates. (6) This regulation does not apply to the certification of specific items of marine equipment. Monitoring of organisations. 4. Every recognised organisation acting on behalf of the Administration shall be closely monitored by the Administration and the outcome of such monitoring shall be reflected in the biennial report referred to in regulation 9. Refusal to authorise any organisation.